Patent Case Law and Intellectual Property Practice Blog

1. IP strategies in the food industry differ greatly according to the industry's role (upstream, midstream or downstream). 2. Issues distinctive to food The food industry faces difficulties arising from history and sensory perception that differ from other technological fields.

1. A distinctive feature of the US design system: The article's use is disregarded US design law is part of patent law (35 U.S.C. §171), and patent principles apply. Its most significant feature is that the article's use stated in the claim preamble is, in principle, not limiting.

1. Expanding protection for image designs (GUI protection) European and US trends contrast. Europe (EU): The amended CDR (Council Regulation on EU Designs), enacted in October 2024, clarified that virtual objects can be protected without particular limitations. Protection is extremely broad.

1. Classification and identification of goods/services in virtual spaces Examination practice in different countries and regions shares the following understanding. “Virtual goods” alone is unclear in scope; the relevant content must be specifically identified, as in “downloadable virtual clothing.”

1. The core of Japan's consent system: A reserved-consent system Unlike many other countries, Japan uses a reserved-consent system. ⇒ Consent from the cited trademark's proprietor alone does not secure registration. Registration under Trademark Act Article 4(4) is allowed only if the JPO ultimately finds no likelihood of confusion as to source.

From the description in Reference 2, the baffle cell itself obstructs and redirects fluid flow, corresponding to the baffle of the amended invention at issue. The baffle cell also includes a solid portion (solid domain) and blocks the flow path, so it can be called a solid wall.

Since the specification consistently states “angular velocity,” correction (reinterpretation) as a clerical error to “angular acceleration” is not permitted. ⇒ The claimed invention (including a physically contradictory formula) cannot be said to be described in the detailed description of the invention, and violates the support requirement.

⇒ Similar (separate assessment of figurative and word elements permitted) (1) Similarity of the marks

Three expert advisers are selected for each case (for example, a mixture of university professors, attorneys and patent attorneys). Unless there is a clear factual error, Customs makes its decision respecting the expert advisers' majority opinion. The 2025 list includes four university professors, 20 attorneys and 20 patent attorneys.

1. Legal position of judicial research officials Under Courts Act Article 57 and Code of Civil Procedure Article 92-8, they may ask parties questions on factual and legal matters and directly question them during examination of evidence. Most have experience as JPO trial examiners, but patent-attorney positions comprise one at the IP High Court (mechanical field) and one at the Tokyo District Court (chemical field). The term is three years.